Justice Yetunde Adesanya of the Lagos State High Court sitting at Tafawa Balewa Square, admitted in evidence the two statements made by Chidinma Ojukwu, the alleged killer of the chief executive officer of Super TV, Usifo Ataga.
Justice Adesanya admitted the extra-judicial statements after ruling that the prosecution has proved beyond reasonable doubt the voluntariness of the defendant’s statements.
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The judge was delivering ruling on the trial-within-trial application filed by the defendant, in which she claimed that the statements were obtained by the police under duress.
Ojukwu was arraigned before the court alongside one Adedapo Quadri on an eight-count charge bordering on the offences of murder, forgery and stealing.
The state also arraigned Chidinma’s sister, Chioma Egbuchu from whom the late Ataga’s iPhone 7 was said to have been recovered, on a one-count charge of receiving stolen property.
They all pleaded not guilty to the charge.
Ojukwu had through her lawyer, Onwuka Egwu, alleged that her statements were not voluntarily made, claiming that she was slapped and forced to sign the statements by the police.
At the resumed hearing of the matter on Thursday, Justice Adesanya, in her ruling, held that it was settled law that before a statement would be admissible, the defendant must be advised of his or her rights.
The judge stated that the defendant must be made to understand the rights and must be cautioned before his or her statements would be taken.
The judge said the defendant had alleged that she was physically abused and threatened.
She, however, said, “The videos tendered in court did not display any intimidation towards the defendant while she was writing her statements.
“The voice of the investigating police officer (IPO) was clear and audible. It did not show any form of intimidation.”
Justice Adesanya further held that the prosecution was able to prove beyond reasonable doubt that the defendant was not coaxed into writing her statements.
The judge, therefore, admitted the two statements in evidence and marked them as exhibits.
After the ruling, the deputy director of public prosecutions, Mrs Adenike Oluwafemi, prayed for adjournment.
She said the police officer who was still giving evidence before the trial within trial, was not present in court.
Oluwafemi, said that the witness was out of the jurisdiction on official assignment.
Justice Adesanya then adjourned the case until May 30, 2023, for continuation of trial.